Disposed

A.H. Wadia Trust and 3 Ors. v. the Additional Collector (Ulc) and Anr.

Bombay HC14 Jan 2008WP/855/2007

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging a show-cause notice regarding land exemption. Noting that the relevant Act was subsequently repealed, the court disposed of the petition with liberty for the petitioner to approach the Urban Development Department claiming non-survival of the underlying order.

What did the court decide?

Petition disposed of with liberty to the petitioner to approach the Urban Development Department with a plea that the order does not survive in view of the repealment of the Act.

A.H. Wadia Trust and 3 Ors. Vs the Additional Collector… — Land Acquisition | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.855 OF 2007

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 A.H.Wadia & Trust & Ors. ..Petitioners.

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 V/s.

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 Additional Collector & Anr. ..Respondents.

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 Mr.Ankit Lohia i/b. Vigil Junis for petitioners.

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 Mr.V.R.Dhond with Ms. Geeta Shashi for respondent
 Nos.1 & 2.

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CORAM : SWATANTER KUMAR, C.J.AND
J.P.DEVADHAR, J.

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DATED : 14TH JANUARY, 2008.

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P.C. :-

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 1. We have heard learned counsel for the

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 parties.

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 2. Challenge in this Writ Petition is to the

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 letter dated 29th May, 2006 issued by the respondents
 to the petitioners. By this letter, the petitioners
 were called upon to appear before the authority and to
 submit requisite documents and written statement, if
 any on 26/6/2006 to show cause whether they are
 entitled to the exemption under section 19(i) (iv) of
 the Urban Land (Ceiling and Regulation) Act, 1976 in
 respect of the land in question.

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 - = : 2 : = -

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 3. We are informed that after the issuance of
 the notice, final order has been passed on 26th
 November, 2007. The correctness or otherwise of this
 order is not the question before us in the present Writ
 Petition.

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 4. We may note that in the meanwhile the Urban
 Development Department has issued a notification dated
 1st December, 2007 by which the Urban Land (Ceiling and
 Regulation) Act, 1976 has been repealed. According to
 the counsel appearing for the petitioner, the present
 plot is not covered under the said Act.

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 5. Petition is disposed of with liberty to the
 petitioner to approach the Urban Development Department
 with a plea that the order does not survive in view of
 the repealment of the Act.

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CHIEF JUSTICE

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J.P.DEVADHAR, J.

A.H. Wadia Trust and 3 Ors. v. the Additional Collector (Ulc) and Anr.

Case brief

What is this about?

What did the court decide?

A.H. Wadia Trust and 3 Ors. v. the Additional Collector (Ulc) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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